Inclusive dispute resolution processes

What does it mean to run an inclusive dispute resolution process?

In the context of resolving conflicts, making sure everyone is included isn't just a nice-to-have; it's essential to being able to have the interest based, trust based conversations that result in lasting outcomes. In the context of workplace disputes or public sector dispute resolution, inclusion is also a requirement that you must consider if you want your dispute resolution process to be legally compliant.

If you are dealing with a challenging or unreasonable complainant, then not offering an inclusive process might mean any limits that you place on that individuals' ability to access your dispute resolution mechanisms may be challenged and considered discriminatory. Research by D. Herman (2012) examined the racial and immigrant status of individuals labeled as vexatious litigants, revealing a concerning trend: some litigants, particularly those from marginalized groups, might be unfairly categorized due to underlying cultural biases. Herman argues that what is often dismissed as vexatious litigation may, in some cases, represent a passionate pursuit of justice, rather than an irrational obsession (Herman, 2012).

It's a long newsletter from me this week, but if you don't read anything else, here's the conclusion first!

How can I make my processes more inclusive?

1) Learn about culture, diversity and bias - here's a starting point: Ethnocentrism – Conciliation Consulting & Mediation | Shiv Martin

2) Consider co-mediation, expert advice or a cultural consultant - I work with a panel of experts each with a different background and cultural framework to offer the most inclusive dispute resolution service.

3) If you are a dispute resolution body, consider the composition of your mediator/conciliator panel. Does it reflect the stakeholders that you support?

4) Consider Bias disrupting mechanisms like checklists or required second opinions as part of any decision making or dispute resolution process to manage the impact of unconscious bias. Remember there is no such thing as no bias.

If you need support implementing any of these ideas let me know, I can connect you with a range of professionals who can support!

You can book a time to chat with me here: Contact | Shiv Martin

What Does Inclusion Mean?

So, what exactly is inclusion when we’re talking about conflict resolution? Essentially, it's about making sure that every single person affected by the conflict has a chance to participate in the resolution process in a way that is safe and accessible. This means actively inviting all relevant parties to the table, regardless of their background, status, or how much power they hold, and giving them an equal opportunity to contribute.

When it comes to large group conflict, the inclusion of women at the negotiating table remains a concern. Here's a resource from the UN Peacemaker website to explain how to achieve gender inclusion in the mediation design process: Inclusive_Mediation_Process_Design_infographic.pdf (un.org)

Diverse Participation

One of the first steps in achieving inclusion is ensuring diverse participation and diversity in decision making. Think of an interview panel, ideally we want to ensure that there is a diversity of views when it comes to decision making.

This also means getting everyone involved who has a stake in the conflict. We often choose to consult and invite only the more prominent stakeholders - this in effect can also be a demonstration of our bias. In my experience, when you bring in people from different backgrounds and perspectives, you get a much richer understanding of the issue at hand.

It’s not always easy, and almost always more time consuming—sometimes the people who need to be there are the ones least likely to show up or speak out. But making that effort to include them can make all the difference. When I conduct cross cultural mediations or engage in parties from a different cultural framework as part of a conciliation or decision-making process, I rarely work as a solo mediator. Rather, the dispute resolution process is managed as a team of facilitators, each with a different cultural perspective.

Acknowledging bias

We are all biased. There is no such thing as an unbiased opinion. Cultural bias occurs when we evaluate people based on our own cultural norms and values, often unconsciously. This bias can lead to misunderstandings, stereotypes, or unfair judgments. Cultural bias can often create and escalate conflict as it influences how we perceive and interact with those from different cultural backgrounds. Recognizing cultural bias and identifying how we can limit the impact of our bias on decision making is essential for ensuring inclusion.

Equal voice, participation and empowerment

Ensuring that everyone has an equal voice is another critical aspect. I’ve been in situations where one or two people try to dominate the conversation, which can stifle the input from others. A good mediator will work hard to balance these dynamics, ensuring that quieter or less powerful parties are heard. Often mediators feel uncomfortable or feel there's not enough time to allow space to hear from the more challenging voices but to create lasting outcomes this is essential.

For everyone to participate meaningfully, they need access to the right information. This means being transparent about the process, the options available, and the potential outcomes. In one case I worked on, providing all parties with clear, jargon-free explanations of their rights and the conciliation process made a huge difference. It leveled the playing field and allowed for more informed and equitable discussions.

Empowering less powerful parties is another key to inclusion. Sometimes, people need a little extra help to feel confident in the process. This might mean offering additional support or resources to help them articulate their needs and advocate for their interests. In one mediation, we arranged conflict coaching sessions for a less experienced party, which gave them the confidence to engage fully and assertively in the discussions.

Embrace the value of inclusion: "Rebel Ideas" by Matthew Syed

To delve deeper into the power of diverse perspectives, I highly recommend reading "Rebel Ideas" by Matthew Syed. This book explores how collective intelligence, and cognitive diversity can lead to better decision-making and innovation. Syed illustrates how the inclusion of diverse viewpoints can unlock potential solutions that are often overlooked in more homogeneous groups. Through compelling case studies and research, he demonstrates that embracing differences is not just beneficial but necessary for tackling complex challenges. It’s an insightful read that complements the principles of inclusion in conflict resolution.

Are you managing workplace conflict and seeking a simple guide to challenging conversations?

Last week, I shared access to a free eBook on DIY mediation style discussions adapted for workplace disputes. If you haven't yet signed up for a copy, you can access it here: https://shiv-martin.mykajabi.com/DIYMediation

This guide simplifies the process of having a challenging conversation with parties to a conflict by drawing from key mediator skills and insights.

Is there anything else I can help you with?

As a conflict management specialist, I work with government and business teams and provide services in mediation and conciliation, customized conflict skills training, facilitation of meetings and workshops, and workflow and policy design. If there is anything I can assist you with, please get in touch here: www.shivmartin.com/contact